On January 8, 1998, the FAA issued telegraphic AD T98-02-51, which is applicable to Boeing Model 737-300, -400, and -500 series airplanes. \n\n\tOn December 9, 1997, a Boeing Model 737-300 series airplane operated by Silkair Airlines was involved in an accident after takeoff from Jakarta Soekarno Hatta Airport in Jakarta, Indonesia. The accident is under investigation by the Indonesian authorities with assistance from the National Transportation Safety Board (NTSB) of the United States, the manufacturer, the operator, and other aviation organizations. Although there has been no determination of the cause of the accident, preliminary reports from the on-site accident investigation indicate that the horizontal stabilizer may have separated from the airplane prior to impact in the Musi River. On-site investigation has revealed that approximately 26 fasteners were missing from certain leading edge structure on the right-hand (RH) horizontal stabilizer (12 from the upper surface, and 14 from the lower surface.) Additionally, early reports indicated that at least one fastener may have been missing from an elevator attachment fitting in an outboard section of the RH horizontal stabilizer. \n\n\tSubsequently, there has been a report of evidence that the fastener was actually installed. However, the FAA has received a report that an operator found one loose fastener during inspection of an in-service airplane. (There have been no reports to date of any fasteners missing from the left-hand (LH) horizontal stabilizer.) \n\n\tThere is, as of yet, no evidence linking these missing or loose fasteners to the cause of the accident. \n\n\tLoose or missing fasteners on the LH or RH horizontal stabilizer could reduce the structural integrity of the horizontal stabilizer. \n\n\tBecause the airplane had been placed in service a relatively short time ago (February 14, 1997), it is possible that the fasteners were missing because they had not been installed during manufacture. If such a quality control failure occurred on this airplane, it may also have occurred on others produced at approximately the same time. \n\nExplanation of Requirements of the Rule \n\n\tSince the unsafe condition described is likely to exist or develop on other airplanes of the same type design, the FAA issued telegraphic AD T98-02-51 to require a one-time general visual inspection to detect any missing fasteners on the top and bottom of the leading edge skin where it attaches to the front spar of the horizontal stabilizer.\n \n\tThis AD also requires a one-time detailed visual inspection to detect any loose or missing fasteners of the attachment of the elevator hinge plates to the horizontal stabilizer rear spar fittings. If a loose or missing fastener is detected, this AD requires installation of a new or serviceable fastener. \n\n\tIn addition, this AD requires that operators submit a report of all inspection findings to the FAA. Since the cause of the missing fasteners of the LH and RH horizontal stabilizer is currently unknown, the intent of the required reports is to enable the FAA to determine how widespread such discrepancies may be in the affected fleet. Because the investigation is continuing, further action may be necessary. This is considered to be interim action until final action is identified, at which time the FAA may consider further rulemaking. \n\nPublication and Effectivity of AD \n\n\tSince it was found that immediate corrective action was required, notice and opportunity for prior public comment thereon were impracticable and contrary to the public interest, and good cause existed to make the AD effective immediately by individual telegrams issued on January 8, 1998, to all known U.S. owners and operators of certain Boeing Model 737-300, -400, and -500 series airplanes. These conditions still exist, and the AD is hereby published in the Federal Register as an amendment to section 39.13 of the Federal Aviation Regulations (14 CFR 39.13) to make it effective to all persons. \n\nComments Invited \n\n\tAlthough this action is in the form of a final rule that involves requirements affecting flight safety and, thus, was not preceded by notice and an opportunity for public comment, comments are invited on this rule. Interested persons are invited to comment on this rule by submitting such written data, views, or arguments as they may desire. Communications shall identify the Rules Docket number and be submitted in triplicate to the address specified under the caption "ADDRESSES." All communications received on or before the closing date for comments will be considered, and this rule may be amended in light of the comments received. Factual information that supports the commenter's ideas and suggestions is extremely helpful in evaluating the effectiveness of the AD action and determining whether additional rulemaking action would be needed.\n \n\tComments are specifically invited on the overall regulatory, economic, environmental, and energy aspects of the rule that might suggest a need to modify the rule. All comments submitted will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report that summarizes each FAA-public contact concerned with the substance of this AD will be filed in the Rules Docket. \n\n\tCommenters wishing the FAA to acknowledge receipt of their comments submitted in response to this rule must submit a self-addressed, stamped postcard on which the following statement is made: "Comments to Docket Number 98-NM-04-AD." The postcard will be date stamped and returned to the commenter. \n\nRegulatory Impact \n\n\tThe regulations adopted herein will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with ExecutiveOrder 12612, it is determined that this final rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. \n\n\tThe FAA has determined that this regulation is an emergency regulation that must be issued immediately to correct an unsafe condition in aircraft, and that it is not a "significant regulatory action" under Executive Order 12866. It has been determined further that this action involves an emergency regulation under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979). If it is determined that this emergency regulation otherwise would be significant under DOT Regulatory Policies and Procedures, a final regulatory evaluation will be prepared and placed in the Rules Docket. A copy of it, if filed, may be obtained from the Rules Docket at the location provided under the caption "ADDRESSES." \n\nList of Subjects in 14 CFR Part 39 \n\n\tAir transportation, Aircraft, Aviation safety, Safety. \n\nAdoption of the Amendment \n\n\tAccordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration amends part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: \n\nPART 39 - AIRWORTHINESS DIRECTIVES \n\n\t1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 (Amended) \n\t2. Section 39.13 is amended by adding the following new airworthiness directive: